Trump Gold Card Released

The new Trump Gold Card program was implemented by White House Executive Order (the ”EO”) on Friday, September 19, and further publicized on the Trump Card website (www.trumpcard.gov) after several months of preparation.

The Gold program offers a pathway to U.S. residency distinct from the EB-5 visa. Instead of requiring investment in a job-creating project which applicants can receive back within a few years, individuals can qualify by making a $1 million contribution (or $2 million if sponsored by a company), which they never get back.

Unlike EB-5, which is tied to new job creation and regional center investments, the Gold Card is tied to existing EB-1 or EB-2 categories, which also have quota limits like EB-5, and have existing backlogs. The Gold Card does not provide favorable tax treatment, and applicants must pay an additional processing fee and undergo extra vetting. It is also unclear whether derivative family members are included under a single $1 million contribution or if each must contribute separately.

The bottom line: people considering immigrating to the U.S. based on the EB-5 immigrant investor visa should apply now.

What this Mean for EB-5 Visa Applicants

Trump's executive order requires the government to implement the Gold Card within 90 days of publication, so by December 18, 2025. While the EO includes an obscure mention that the government will “Consider expanding the Gold Card program to visa applicants under EB-5", it remains unclear how this could happen by executive order rather than by passage of legislation by Congress. Current law provides that any EB-5 petitioner submitting their petition before September 30, 2026 will be adjudicated under existing rules.

The most conservative approach for those considering EB-5 would be to apply before the December 18, 2025 deadline for Gold Card implementation.

A comparison of EB-5 and the Trump Gold Card:

What about the Platinum Gold Card?

The Trump Card website also refers to a Platinum card as “coming soon”, which would require a $5 million contribution, and offer recipients exemption from US income taxes on non-U.S. income and allow recipients to spend up to 270 days in the US. Note that the Platinum Card has not yet been implemented.

Curious about EB-5 Visas

If you are considering the EB-5 immigration by investment visa, Contact Peachtree Group to learn more about the process.

Additional Resources:

• A Simplified Guide to EB-5 Visas
• EB-5 Visa Types Explained
• From F-1 Student Visa to Green Card: Understanding the EB-5 Alternative
• Converting Your H-1B Visa to an EB-5 Visa: Your Path to Permanent Residency
• Concurrent Filing for EB-5 Investors

As Chair of the EB-5 Investor Team at Klasko Immigration Law Partners, my team is frequently retained to handle complex investor cases, review filings prepared by other firms, and respond to USCIS challenges. I’ve guided hundreds of investors through the EB-5 process, including the often nerve-wracking step: the visa interview.

I also know the immigration journey on a personal level. As an immigrant myself, I understand how overwhelming the process can feel—not just for the applicant, but for their entire family. That’s why I want to demystify the EB-5 visa interview for you. With preparation and the right mindset, this step should feel like a confirmation of the hard work you’ve already done, not a stumbling block.

We’re going to limit discussions to interviews at the U.S. consulates overseas, as currently, the U.S. Citizenship and Immigration Service does not routinely interview EB-5 based adjustment applicants.

Where the Interview Fits in the EB-5 Process

For those going through consular processing, the EB-5 interview occurs only after your I-526 petition has been approved and you’ve submitted the DS-260 immigrant visa application. The National Visa Center schedules the interview at the U.S. embassy or consulate in your home country or country of residence

It’s important to remember that this is not a job interview, nor is it an exam designed to test your knowledge of immigration law. The officer’s role is simply to confirm the information you have already provided and ensure your eligibility for permanent residency.

Questions You May Be Asked

During the interview, the consular officer will verify your identity, confirm the lawful source of your investment funds, review your and your dependents’ eligibility, and ask questions about the project you invested in. Although every interview is unique, there are common themes. You may be asked about your personal and professional background, immigration history, your reasons for choosing a particular EB-5 project, how you earned or obtained your investment capital. Dependents are usually not asked questions about the EB-5 investment.

I always tell clients to answer questions directly and concisely. Long, overly detailed answers often create confusion or invite unnecessary follow-ups. At the same time, avoid rehearsing your answers so heavily that they sound scripted. Officers can usually tell when someone is reciting memorized lines, and it can come across as disingenuous. Instead, know your story and speak naturally.

What to Bring to the Interview

Being organized is critical. Missing or disorganized paperwork can create delays. You will need passports for all family members, your DS-260 confirmation page, the interview appointment letter, original or certified civil documents with translations where required, your I-526 approval notice and, depending on the consulate, proof of both your investment and the lawful source of your funds.

If you rescheduled your interview, it’s important to ensure your police clearance letters and medicals are still valid at the time of the interview. Note: Applicants can only schedule a medical exam once the interview has been scheduled.  

Mistakes That Can Cause Problems

The most common issues I see at interviews are inconsistencies between what is said and what was included in previous filings, including the I-526 petition; vague or confusing explanations about the source of funds; missing documents, and unfamiliarity with the chosen project.

These mistakes are easily avoidable. The key is to know your case, review your documentation, and be ready to explain your answers in plain language.

The Value of Preparation with Counsel

While it is possible to prepare on your own, many investors find reassurance in conducting an interview prep with their attorney. I often hold these sessions with clients, going over the types of questions that can be asked.

This preparation not only builds confidence but also helps investors practice speaking naturally rather than reciting memorized responses. It also ensures dependents are ready for their interview.

After the Interview

There are three typical outcomes.

1. In many cases, the visa is approved and issued within a few weeks.
2. Sometimes the case is placed in administrative processing or temporary refusal under section 221(g), which usually means additional documents are needed or background checks are underway. This is not a true denial, but it will likely extend the timeline.
3. Finally, once your visa is issued, you must enter the United States within the validity period of the visa. While most applicants receive a visa valid for 6 months, it’s always important to check the validity period of each applicant’s visa and to ensure they enter the U.S. at least once during that period.

A Practical Checklist

At the end of the day, good preparation comes down to being organized and informed. Here is a high-level checklist of things to bring that I recommend to my clients.

1. DS-260 confirmation page and interview letter
2. Passports for all family members
3. Original or certified civil documents (with translations if needed)
4. I-526 approval notice
5. Proof of investment and lawful source of funds
6. Any additional documents requested by the NVC
7. Current medical exam results from an approved physician
8. An organized binder or folder for quick reference
9. And be comfortable answering questions about your background, your funds, and your project

The above is not a comprehensive list nor is it meant to be legal advice. As each person’s personal and immigration history is different, there may be additional documents and additional information which need to be provided for this process. The EB-5 interview should not be seen as a barrier but as the final confirmation of your journey toward U.S. residency.

In my experience, investors who approach the interview with clarity, organization, and calm confidence find it to be a surprisingly straightforward step. Prepare carefully, ensure your medical exam and police certificates are current, and remember that the officer is there to verify your eligibility. With the right preparation, you can walk into your interview assured and walk out one step closer to achieving your immigration goals.

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About the Author
Anusree (Anu) Nair is a Partner at Klasko Immigration Law Partners in Philadelphia and Chair of the firm’s EB-5 Investor Team. She leads a dedicated group of attorneys who assist investors in securing U.S. residency through EB-5regional center and direct investments. Recognized nationally for her command of investor-related immigration issues, she is frequently called upon to review complex EB-5 cases and respond to Notices of Intent to Deny (NOIDs). Anu also leads the EB-1/O-1 team, assisting highly skilled professionals in science medicine, and the arts. As an immigrant herself, Anu brings both professional expertise and personal understanding to her work helping clients achieve their immigration dreams.

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EB5 Visa Interview Guide

Preparing for Your EB-5 Visa Interview: A Complete Guide

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If you're considering the EB-5 visa program but don't have the full $800,000 investment amount readily available, you may be wondering: can you use an EB5 loan to fund your investment? The answer is yes, but there are important requirements and considerations to understand.

The 2022 Law Change Made EB5 Loans Clear

The EB-5 Reform and Integrity Act of 2022 brought significant clarity to the loan question. "The new law clarified that loans are okay. Before then, it was not clear whether a loan was okay," explains Adam Greene, EVP EB-5 for Peachtree Group. Previously, the immigration service had taken the position that borrowed funds didn't qualify as capital if they weren't the investor's own assets.

Under the new law, gifted or borrowed funds may be counted as long as they meet two key requirements: the funds were obtained "in good faith" and were not used "to circumvent any limitations of permissible sources of capital."

What USCIS Needs to See for EB-5 Loans

When documenting an EB-5 loan, USCIS requires specific evidence:

• A valid loan agreement with clear terms
• Documentation of the loan source and how proceeds are transferred
• Proof that you, not someone else, are responsible for repayment
• Evidence of the lender's source of funds (unless from a U.S. chartered bank)

"As long as you can trace the money to a loan from a US chartered bank, that's OK," Greene notes. "However, if borrowing from individuals, you'll need to demonstrate that their source of capital is legitimate.”

Valid EB-5 Loan Sources

Several loan types can work for EB-5 investments:

• Home equity lines of credit
• Loans against investable asset (margin loans)
• Personal loans from banks with proper collateral
• Loans from companies or trusts you own
• Unsecured loans, if properly documented

"Any of these loans is valid as long as there is a legally enforceable loan agreement and you can establish that the funds that you get from the loan were sourced legitimately," Greene explains.

Key Risks to Avoid

The biggest red flag is attempting to circumvent source of funds requirements.

"If you're trying to do something cute or tricky or something that just makes it easier to document your source of funds, you violate the spirit of the EB-5 law and you will have a high risk of I-526E denial," warns Greene.

Other risks include:

• Inadequately documented loan agreements
• Loans secured by the EB-5 project itself
• Immediate loan repayment with unsourced funds

Peachtree Group's EB-5 Loan Solution

Recognizing the complexities of EB-5 loan documentation, Peachtree Group has created an affiliated lender that provides loans specifically for EB-5 investors. This program offers several advantages:

Unsecured Loan Structure: "We have an affiliated lender that actually provides a loan to an investor that doesn't have a formal security agreement against the assets of the borrower," Greene explains. This eliminates potential complications with the immigration service regarding security interests in the EB-5 investment itself.

Flexible Repayment Terms: The loan doesn't need to be repaid for up to five years from origination. "It's very possible or even likely that their EB-5 investment may be repaid within those five years," Greene notes, meaning investors might use their returned EB-5 capital to repay the loan. Of course, EB-5 investors would remain personally liable for any shortfall in repayment proceeds, which is required to satisfy the “at-risk” requirements of the EB-5 program.

Streamlined Source of Funds: Since the affiliate lender sources funds from a US chartered bank, the documentation process is simplified. "We are able to prove that we funded off a bank line and therefore that should be sufficient for source of funds," Greene explains.

Clear Risk Structure: Investors who use $400,000 of their own funds plus a $400,000 loan are "at risk for $800,000," satisfying USCIS requirements while providing financing flexibility.

The Bottom Line

"Loans are allowed under the new law unambiguously; it’s written in the text of the law," Greene emphasizes.

Success requires careful planning and proper documentation. The loan must represent genuine risk to the investor, and all source of funds requirements must be met.

Peachtree Group's affiliated lending program is designed to navigate these requirements while providing investors with flexible financing options. Before proceeding with any EB-5 loan structure, consult with an experienced immigration attorney to ensure compliance and avoid potential complications during the adjudication process. For more information about Peachtree Group's EB-5 loans contact agreene@peachtreegroup.com.

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